General UK immigration & work permits; don't post job search or family related topics!
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vinny
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by vinny » Wed Nov 02, 2011 10:59 pm
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vinny on Fri Nov 11, 2011 6:27 pm, edited 1 time in total.
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The Station Agent
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by The Station Agent » Fri Nov 04, 2011 5:07 pm
interesting cases referenced therein. I have seen flexibility sometimes on evidence matters (rightly too), but not applied across the board. A sponsor we know was refused a licence 3 times all because the notary public had made an error in their certification of a document. All 3 refusal letters failed to point out the exact error so it kept going round in circles.
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vinny
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by vinny » Fri Feb 10, 2012 1:54 am
See also
Invalid applications.
Note that:
21 wrote:... An application is outstanding (and therefore information can be supplied to support it) until it is lawfully determined...
It's important to
send any new supporting documents, or
vary an
application,
prior to a (refusal) decision, because of the inadmissibility of
New evidence in Points Based System appeals.
See also
Post Study Work and s.85A: applications continue until decided >
Khatel and others (s85A; effect of continuing application) Nepal [2013] UKUT 44 (IAC) (28 January 2013)
Bad
news:
Secretary of State for the Home Department v Raju & Ors [2013] EWCA Civ 754 (25 June 2013)
Interestingly,
Ali v Secretary of State for the Home Department [2013] EWCA Civ 1198 (09 October 2013) wrote:6. The appellant did raise a fresh ground by way of appeal on 20 May 2011. He said he met the requirements for leave to remain as a Tier 1(Post-Study Work) Migrant. He said he had filled in the wrong form by mistake and knew he did not satisfy the requirements under Tier 1 (General) Migrant. The First Tier Tribunal dismissed this aspect of the appeal because the requisite number of 75 points had not been accumulated at the date of the application [12]. The Upper Tribunal dismissed the appeal because evidence of the award of the degree could not be adduced by virtue of Section
85A(4)(a). The Secretary of State accepts that evidence of the award could have been relied upon if it was adduced before she made her decision on 17 March 2011.
Nasim & Ors (Raju: reasons not to follow? : Pakistan) [2013] UKUT 610 (IAC) (3 December 2013)
See also
77.
Last edited by
vinny on Fri Oct 11, 2013 8:23 am, edited 10 times in total.
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panyatna
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by panyatna » Wed Apr 25, 2012 1:15 am
Any idea if the evidential flexibility rule now applies to non-points based applications?
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by vinny » Sat Jun 23, 2012 1:46 am
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by vinny » Mon Jul 30, 2012 9:58 pm
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by vinny » Fri Feb 01, 2013 9:54 pm
***
Overturned by Court of Appeal!
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by vinny » Fri Mar 08, 2013 12:02 am
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by vinny » Fri Apr 05, 2013 2:11 pm
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by vinny » Thu Jun 27, 2013 12:16 am
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Dayyurite
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by Dayyurite » Thu Oct 31, 2013 9:19 pm
If a document is completely missed, can someone still argue on evidential flexibility?
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by vinny » Tue Jan 21, 2014 6:01 am
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MPH80
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by MPH80 » Tue Jan 21, 2014 5:06 pm
But crucially - the judgement ends with a note saying that they are not commenting on the rules currently in place - but only as they stood in 2011. The new modernised rules are reasonably clear on the circumstances and (I think) do away with most of the arguments in the judgement.
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vinny
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by vinny » Wed Jan 29, 2014 11:26 am
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by vinny » Thu Jun 12, 2014 11:23 pm
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by vinny » Sat Jun 28, 2014 12:40 am
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Apparition
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by Apparition » Mon Jul 07, 2014 6:24 pm
The system isn't designed to help immigrants or secure their Citizenship, it's designed to scrrew them over. They hate you.
It caters exclusively to natives, from ease of claiming British passports to holding their records permanently to a myriad of societal benefits e.g.) jobs.
You have no rights, nothing. Remember that.
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Amber
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by Amber » Tue Jul 08, 2014 6:58 am
Please refrain from your constant negatively it's not at all helpful or conducive to any beneficial outcome.
**this forum is not intended to be a substitute for professional advice**
Click
here to send me a PM regarding an offensive post.
Do NOT PM me for immigration advice.
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Apparition
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by Apparition » Tue Jul 08, 2014 2:06 pm
Amber_ wrote:Please refrain from your constant negatively it's not at all helpful or conducive to any beneficial outcome.
That's your view, mine is what I stated is fact and just reality. People can either accept it or keep playing the Home Office's games. But I take heed of your post so I shall refrain as requested.
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vinny
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by vinny » Sat Jun 20, 2015 12:49 am
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vinny
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by vinny » Mon Oct 19, 2015 10:40 am
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Obie
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by Obie » Mon Oct 19, 2015 10:54 am
That is brilliant. Good to see some positive decision coming from the court.
Smooth seas do not make skilful sailors
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vinny
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by vinny » Thu May 12, 2016 2:13 am
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by Obie » Thu May 12, 2016 2:19 am
Great Vinny. Was looking for that post but could not find it
Smooth seas do not make skilful sailors
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vinny
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by vinny » Fri Apr 21, 2017 1:05 pm
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